Robertson

This case raises the issue of whether there is a conflict in the drunk driving provisions of the Vehicle Code between recently enacted administrative per se laws mandating the suspension of driving privileges of second offenders for a period of one year (§§ 13353.2 & 13353.3, subd. (b)(2)) and preexisting second-offender probation statutes providing for a restricted driver’s license (§§ 23165, 23166, 13352, subd. (a)(3), & 13352.5, subd. (a)). Contending that there is such a conflict, Larry Robertson petitioned the superior court for a writ of mandate to set aside an order of the Department of Motor Vehicles (DMV) suspending his driver’s license for one year. The petition was granted. The DMV appeals from the superior court judgment granting the petition. We reverse the judgment and direct the superior court to deny the petition.

Status of the Law

Prior to 1990, a person’s privilege to operate a motor vehicle could be suspended or revoked if he or she was convicted of driving while under the influence of an alcoholic beverage, any drug, or both; driving with an excessive blood-alcohol concentration or driving while addicted; or if the person refused to submit to…